1964_CONTROL_OF_EXEMPTION_CLAUSES_ORDINANCE — Page 6

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CAP. 71]

Control of Exemption Clauses

[1989 Ed.

CHAPTER 71

CONTROL OF EXEMPTION CLAUSES

To limit the extent to which civil liability for breach of contract, or for negligence or other breach of duty, can be avoided by means of contract terms and otherwise; and to restrict the enforceability of arbitration agreements.

L~38/90

Originally 59 of 1989 --

76/90

PART I

PRELIMINARY

1.

Short title and commencement

It December, 1990]

(1) This Ordinance may be cited as the Control of Exemption Clauses Ordinance.

(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette.

2. Interpretation and application

(1) In this Ordinance

"business" (業務) includes a profession and the activities of a public body, a public authority, or a board, commission, committee or other body appointed by the Governor or Government;

“goods” (貨物) has the same meaning as in the Sale of Goods Ordinance (Cap. 26);

"negligence" (疏忽) means the breach-

(a) of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract;

(b) of any common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

(c) of the common duty of care imposed by the Occupiers Liability Ordinance (Cap. 314);

"notice" (通知) includes an announcement, whether or not in writing, and any other communication or pretended communication;